Worker argued representations were made that her employment was not subject to fixed term
The Fair Work Commission (FWC) recently dealt with a general protections application involving dismissal from a transport project lead who alleged she had been dismissed from her employment.
The worker made the application on 11 April 2025. The employer raised a jurisdictional objection to the application on the basis that the worker was not dismissed.
The worker signed an employment agreement on 28 June 2024 in the position of transport project lead with a commencement date of 8 July 2024.
The employment agreement contained a contract period of six months ending on 6 December 2024. The worker said the founder promoted her to business development manager a few weeks after her employment commenced.
The case required the FWC to examine whether the worker had been dismissed, whether the employment agreement was a contract for a specified period of time, and whether the Commission had jurisdiction to deal with the application.
Employment agreement and promotion claim
The employment agreement outlined ordinary hours of work of 7.6 hours per day from Monday to Thursday, plus reasonable additional hours as required.
The agreement provided for a salary of $85,000 per annum pro rata plus superannuation.
The contract period was six months, ending on 6 December 2024. Ongoing employment was subject to the satisfactory completion of a six-week probationary period, during which mutual suitability...
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